In every car accident case, the value of pain and suffering will differ based on the severity of your injuries, among other factors. Our law firm can help you understand how much your pain and suffering damages are.
At Zanes Law, we stand up for your rights so you can focus on healing. Our Phoenix car accident lawyers explain how we calculate pain and suffering and how we can help.
How Is Pain and Suffering Calculated in a Car Accident?
The multiplier method is one common approach to calculating damages for pain and suffering in a car accident. This method involves multiplying the total economic damages by a certain multiplier to arrive at a pain and suffering compensation amount. Here’s how it works:
- Calculating economic damages: The first step is to calculate the economic damages resulting from the accident. Economic damages include all quantifiable expenses such as medical bills, therapy costs, property repairs, and lost wages due to time off work.
- Choosing the multiplier: The multiplier is a subjective value that typically ranges from 1.5 to 5, with 1.5 representing minimal pain and suffering and 5 representing severe pain and emotional distress. The multiplier reflects the severity of the injuries and the overall impact on your life.
- Applying the multiplier: The economic damages are multiplied by the chosen multiplier to arrive at the compensation for pain and suffering. For example, if the economic damages amount to $20,000 and a multiplier of 3 is used, the pain and suffering compensation you receive would be $60,000.
- Considering factors: While the multiplier method provides a structured approach, it’s important to note that certain factors can influence the multiplier selection. We’ll discuss these next.
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Factors Influencing Pain and Suffering Compensation
Determining pain and suffering compensation in a car accident is influenced by various factors that collectively shape the value of your claim. Understanding these factors can provide insights into how your compensation could be affected and what elements contribute to the final settlement. Here are key factors that impact pain and suffering compensation:
- Severity of injuries: The extent and seriousness of your injuries, including the type of injuries you sustained and their impact on your daily life, play a significant role. More severe injuries generally lead to higher pain and suffering compensation.
- Duration of recovery: The time it takes to recover from your injuries influences compensation. Prolonged recovery periods often result in greater compensation due to extended pain and suffering.
- Impact on daily life: The degree to which your injuries disrupt your daily activities, hobbies, and overall quality of life is considered. Substantial disruptions may result in increased compensation.
- Age and health before the accident: Your pre-accident health and age can affect how your injuries impact you. Existing conditions or age-related vulnerabilities may amplify pain and suffering, leading to higher compensation.
- Emotional distress: The emotional toll of the accident, including anxiety, depression, and trauma, is factored in. Emotional distress can significantly impact compensation, especially if it requires professional treatment.
- Medical treatment: The necessity and intensity of medical treatments, therapies, and procedures are another important factor. Ongoing medical needs often contribute to higher compensation.
Common Form of Pain and Suffering in a Car Accident
There are several effects of a car accident that can qualify as pain and suffering damages. Here are some of the things that a car accident lawyer from Zanes Law can help you recover pain and suffering damages for:
- Fear of driving
- Post-traumatic stress disorder
- Mood swings
- Loss of enjoyment of life
- Financial worries
- Social isolation due to mental health
- Physical pain
You could recover from pain and suffering from additional aftermath effects. Our car accident lawyers in Phoenix can help you determine which effects you suffered can qualify as pain and suffering damages.
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Can You Negotiate Pain and Suffering Damages After a Car Accident?
Negotiation plays an important role in recovering a fair settlement when you’re seeking compensation for pain and suffering damages following a car accident. While quantifiable economic damages are more straightforward to calculate, pain and suffering damages encompass the emotional and physical toll of the accident, which require a skilled negotiation approach, which our lawyers have. The negotiation process involves several key steps that can result in a fair resolution when you have an experienced lawyer to help you.
After you know the value of your pain and suffering damages, you and your car accident lawyer will talk to the at-fault party’s insurance company. In the meeting, your Phoenix car accident attorney will present the evidence and demands to the insurance adjuster. We’ll likely present counteroffers to get as close to the maximum compensation as possible.
Here, our attorneys’ more than 25 years of legal experience comes into play as we face the challenges of negotiation, anticipate tactics the insurance company might use, and advocate for a settlement that accurately reflects the accident’s impact on your well-being.
If we are unable to reach a settlement that both sides agree on, we can prepare for litigation. This preparation shows the seriousness of your intent, potentially encouraging the insurance company to reconsider and offer a more equitable settlement. Ultimately, a successful negotiation process, guided by a knowledgeable car accident attorney, can ensure you receive a settlement that accounts for the physical and emotional toll the accident had on you.
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Contact Our Team to Learn How Much Pain and Suffering Damages Are for Your Car Accident
At Zanes Law, our team of car accident attorneys in Phoenix is ready to help you calculate how much you can recover for the pain and suffering damages you’re eligible for. We can tell you if you have a valid case and your pain and suffering damages value in a free consultation.